Is it possible to recognize the marriage contract invalid? This question will be answered on the pages of the Civil Code and the RF IC. A marital agreement is nothing more than a transaction that can be recognized as invalid by the court decision. The result can be a complete or partial challenge of a marital agreement. The reasons for this are a large set, but this process is a serious legal action and has a large number of consequences.
The marriage agreement is required notarized, but this does not exclude the fact that it can ever be considered invalid. Regulated by this Rules registered in Art. 44 of the RF IC, and has the difference from the concept of "terminated contract". Namely - on the basis of Art. 167 GK, the transaction recognized as invalid is not legal responsibility from the very beginning of the conclusion of the agreement. The easiest way out of the situation is when there is a mutual agreement on the termination of the marriage contract. Then the process of recognition is invalid will not cause special difficulties. The main thing is to issue a mutual agreement on the termination of a marriage contract and assure it with a notary. We will consider problematic situations when there is no consent, but there is a desire to only one of the dissenter side. A marital agreement is considered negligible in the Civil Code in the presence of such vices:- does not meet the current legislation;
- the document is not notarized (art. 41 SC);
- at least one of the spouses (contract participants) is recognized as an incapacitated person;
- the contract is recognized as an imaginary transaction or the one that was achieved to cover another transaction (a feigned treaty) (according to Art. 170 of the Civil Code).
Family legislation also establishes additional conditions for recognizing the insignificance of the contract between the spouses:
- the transaction creates conditions for the property interest of spouses in a broken-water process and thus violates the beginning of the protection of the family;
- the contract contains items that limit the legal capacity and the capacity of a husband or wife, as well as the right to appeal to courts;
- the text of the contract made information on the rights to children;
- at the points of the Agreement, equality between spouses, which put the subject of the contract in an unfavorable situation are violated;
- the contract includes items that limit the rights of the needy spouse to comply with assistance in the form of alimony;
- the agreement contains other items that contradict the basics of the RF IC (Articles 44 and 42 SC).
- spouse, limited in legal court decision;
- a person who is not aware of the importance of his actions or is unable to lead at the time of signing the agreement;
- the person under the influence of adverse circumstances described in Article 178, 179 of the Civil Code of the Russian Federation (deception, threat, etc.).
- Decide whether you have foundations from the above to address your contract.
- Check if the deadline has expired for filing a claim. To recognize a negligible transaction, it is established for 3 years, and for the challenge - 1 year.
- Prepare an application with an indication of the type of marital deal and attach a receipt for the payment of state duty.
- Contact the court with statements and documents related to the case (a marriage contract, documents on the basis of which you act, etc.).
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It is desirable to solve a judicial dispute in your favor to resort to the help of a qualified lawyer, which not only helps to correctly arrange a statement of claim, but will also provide legal support at all stages of court sessions.